Fiona W. Ong

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Most companies know that it is critical to have a harassment policy.  The U.S. Supreme Court has held that an effective harassment policy can help an employer avoid liability, where the policy is communicated to employees but the employees fail to follow the policy’s complaint procedure.  The communication and content of the policy is essential…

Many employers are aware that, before filing a discrimination lawsuit in federal court, an employee must file a timely charge of discrimination with the Equal Employment Opportunity Commission.  The charge filing, which must occur within 180 days of the allegedly discriminatory act (or 300 days where there is a state agency with whom the charge…

When can an employer ask about an employee’s health?  Multiple federal laws restrict when and what may be asked of applicants and employees.  In a recent letter, the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for the enforcement of federal antidiscrimination laws, offered some guidance on medical inquiries under the Americans with…

An employee calls out for two days for a stomach complaint.  He then calls out for FMLA-covered condition of cellulitis (a skin infection causing pain and inflammation) in his leg that keeps him out for two weeks.  Most employers would assume that the stomach complaint is unconnected to the leg infection, and not look any…

Managing an employee on leave for a disability under the Americans with Disabilities Act (ADA)  can be challenging.  It becomes even more frustrating when the employee fails to respond to an employer’s request for information about the employee’s condition and status.  But employers are not entirely without recourse.  Courts have consistently found that employees who…

Here are the facts: An employer suspected an employee of fraudulent misuse of FMLA leave.  It hired a private investigator to watch the employee over a six-day period when the employee was taking FMLA leave for severe back pain.  The investigator reported that the employee went hunting several times – one time for ten hours. …

Employers are frequently frustrated by supervisors’ refusal or inability to comply with Family and Medical Leave Act requirements.  Lack of information from managers causes headaches when trying to determine if an employee should be receiving FMLA leave, and in tracking and managing such leave.

Many managers fail to notify HR when an employee may have…